FAQ: Labour Relations
Here are some of the most commonly asked questions and links to more questions about various labour relations topics:
What is collective bargaining?
Collective bargaining is a process in which a trade union and an employer negotiate a first collective agreement or the renewal of a previous collective agreement. In this process, the parties usually focus on such issues as wages, working conditions, grievance procedures and fringe benefits.
What is conciliation?
Conciliation is a process by which a trade union or an employer can ask the Ministry of Labour for help in resolving their differences so that they can reach a collective agreement. Either party may apply to the Ministry. If parties are in negotiations, conciliation is mandatory in the sense that the parties must use the government's conciliation services before they can get into a position to engage in a strike or lock-out.
When are the parties in a legal position to strike or lock-out?
A strike or lock-out is legal beginning on the 17th day after the Minister mails the "no board" notice. For example, if the notice was mailed on August 1, the parties can legally strike or lock out on August 18. There can be some confusion about this because the Act states that the period is 14 days after the release of a notice. The notice is not deemed to have been released, however, until the second day after it was mailed. This extends the period to 16 days, and since they must be 'clear' days, it means that a strike cannot legally start until the beginning of the 17th day. (See Sections 79(2)(b) and 122(2)(a) of the Labour Relations Act, 1995). In addition to the above, parties covered by the Crown Employees Collective Bargaining Act (CECBA, 1993 ). must have negotiated an essential services agreement before a strike can be lawfully initiated.
What is the difference between rights and interest arbitration?
Rights - Grievance arbitration, also known as rights arbitration, is a mechanism to resolve disputes about the interpretation and application of a collective agreement during the term of that collective agreement.
Interest - a mechanism to renew or establish a new collective agreement for parties without the right to strike/lock-out, i.e. hospital/nursing home workers.
How binding is the decision of an arbitrator or arbitration board?
It is final and binding. If it is not obeyed, the decision can be filed with the Ontario Court (General Division) and enforced as a decision of that court. Failure to abide by an arbitration decision can be contempt of court. (See Section 48 (18), (19) of the Labour Relations Act, 1995).
